Customs Act 1844 (SA)

ANNO SEPTliXO ET OCTAVO ,

?j-;TIIEILEAS by an Act or Ordinance of the Governor, with the advice

cmplopd for tho prcrentiun of. smuggling having a propor pendant and et19iga

ant1 consent of the Legislative Council of South Australia, passcd on i;ltitulcd ".h Act to orncnd the Laws for the Regulidion of the Customs 66 and. Tmdc in South Australia," it is amongst o t i m tbings enacted, and Z

t ! ~ o Twelfth day of August, One thousand eight hundred nncl Forty-two, 6 r Yict, Nor 2,

providecl (section 11th) ' l that nothing h the &d Act shall prevent the W* U*

44 mnstcr of any ship nmenrling his report on sntisfying the Collector that no

d1 fraud was intclidcd, and any goods contained in such amended report slmll

not hc linbto to forfeiture in respect of their l~nving h e n omittcd in the

first 1Ccport": And wllcrcas it is also enacted (scction Glst) " that in caso

11 any ship or boat linblc to seizure OT examinatiori under auy Act or law

.

r 4 rclirtiag to thc Cubtorns trade 02 i~avigation or for the revention of

81 smuggling Anll not lrring to an being required so to do on \cing cllascd 66 Ly any ship or boat in lm hlnjesty's naty having the p r o p pendant

ancl ensign of her Mzrjcsty's chips hoisted or by any ship, or boat duiy

'I. That fro111 and of er the passing hereof the before recited proviso and

-ennctmeots shall be and t l~c same are hereby repealed: Provided always Repeal of radtta

dhat thc said Act or Ordinance shall remain and be of full force and cnaCtuaenta*

virtue in all respects, save in so far as hereby repealed and amended.

IT. And whereas, by section 24th of thr: said recited Ordinance, s drawback 2eguZatim.

*of duty is allowed under certain conditions, on the exportation . of . goods shipped No d r ~ b a c k ua-

1' lees goods abipped

-within l ime gears trom the dny of importr.:im !hmcuC, nad 1t 1.5 expcmnt t: ,il:,in fE3r,.;tdr

1 . -7 .,

h i t such tirlic of si~i;,mc;it, L,,: li A:iiic;rc!, .! no drz-::?mclr GS Gnt7 s i ~ c. ~ 6ull .I.

Lo allowed upon or in respect. of m y gooc:.; c!1ik,:\ s!;ai! not be shipped io;. G:<-

porta at ion within one gear from and after the day when duty was paid

%hereon,

111. And whereas, by section 35th of the said recited Ordinance, persons custom boure .

-acting 11s Custom L-louse Agents are required to be licensed and give bond, be ;fik:eEl flo i t Enactcd, 'l'hnt i t shall Le lawful for the Collxtor or other principal ofiicer.

.of Customs to dcnlancl and recciye for and in rcspcct of every license issnci l

'by l~inl under tlic provisions aforesaid, from the person obtaining the hiame,

thc sum of l'en Pounds sterling.

1V. And wl~crcns, by section 55th of thc ss iJ rccitad Ordinance, ships' f ~ r ~ r ~ ~ o u s i % 7 -

*stores ilic silowed duty ficc under certain limitations, and it is cspedient to Lo,ved Ship' rtorcs a f

extend this privilege, be it 1hactcd, 'l'hnt the hlaster or owner of any ship to ~ h i p h not under

Lcing of tho burthen of Ihirty tons at least, bounclon avopngc to fo re ip parts	3"~"9on S T O P
thc pml)nWc duration of \r.hich out and home will not Le less than twenty;	age erccoding 3d
cigil t days, or which shall Le cngagcd in whaling or sealing, shall be perpitted

.to ship free of duty fro111 tllc ~vnrchousc for the use of the crew all \rarcho~iscd

-0oc1s- required foi sllips' storcs in sach proportions for c x h man on board	?
ior every n~onth tlic ship may Le reitsonably uspcctcd to be absent, or in such quantities as the Governor, or the Corninissioners of IIcr Majesty's Custolns, :shall by any regulation in that behalf a p p h t: f'rovicletl that tho 3lnster or Owner of such ship shall previously enter mto bond with twosuificient surcties in treble thc amount of dutics payitblo thereon, that no part thereof shall be
reliinded in the l'rovincct witl~out due entry at the Cud+onl I-Zousc.

V. And be i t Enacted, That if any shi;) or boat shnil be foiinclnithin the ~, ~ l u ~ ~ i n g.

watcrs of the Provincc with a cargo on board, and such ship or boat shall	af-	~ * e r s c l ~ ~ ~ u n d w i t h
carkw daliciaab

fcrwwcls lrc found light, or in b a h t, or with ony part of such corgodcficient,

a d tho AInstcr is trnnl)lc to givo n due nccount of tho port or place whcra such ship or boat sl~nll have legnlly d i s c i m p d hcr cargo, or the- cluficient part thcrcof, such ship 01- Iroat, with her guns, furniture, amnunition, tackle and .ayparcl shall be i'orfcited.

VI. And Lc it Enacted, That all ships nnd boats, from .whicI~ any gootis Sbipa, QC., smup

.ishnll 11nt.e bccn convcged or removed contrary to ths. provisions of any law g W	forfeited
(of tho Province relating to the custolns or trade, shall lo forfeited.

V1 I. And whereas by section 9Sth, of the said recited Ordinance, n moicty

of the not proceeds of all forfcitures and pcaaltics rccovi.r~d uncier the said Jwisdidiort

Ordinancc or any oWicr law of the Proviiico minting to tlic Customs or Trndc " " c ~ l ~ r ~ e ~ ~ ~ r ~ II'bcra aiogiettr- ,

is to bo divided paid and. irpplicd in part to tho seizing ofiice;, and in pert to a dilerr ; \

.the informer, suing, for the sxmc, in such proportion as the Court or Jurtico i o n in .ppropd.	.
.

nray adj judge : Be ~t Enacted, That such pc-ljudicstion being made, the same b n o f f o t f r i ~ r. .

may bs icserted in tEc form of conviction contained in Schedule G to the said Orciinance anncxcd after t h scijudicntion of the forfeiture, in the words

. set forth in the Schedule H, hereto annexed; and that is all cases when there

I

is no seizure or seizing ofher, oz where the seizing oficer and informer sha!l

, .

be one and the same person, such moiety shall be applied and paid to the

informer suing for the penalty or forfeiture,

'rformatiOuo be- BIli. And bc it Enacted, Tliot every information for the recovery of any

fore n q i r t r a t e r.

such peaalty or foriciturc, before any iiesidect Nogistrale or iwo or more Justices of the Peace, shall be sued in t h nane, or by the dircctfon of I lcz AIajestj 's Advocate General, or of the Coiiector or oiirer pr incipl o k e r 0;' Custon1s.

Coadomnntion of 1X. And whereas by section 10~&i. of i i. ~ said recited Ordinonce it is

foro mngiotratca forkiadgoOdabO~ Enacted, That on iuformations, for the forfeiture of any goods n e i z d unde-

the said Ordinance, or any other such Law as aforesaid, the liesident Jkgis- 1 -

:rate or any two ~t i s t icesof the Peace Ercy proceed in manner thereli: Tro- :,

vided, and may condemn the said goods, be i t Znacied, That such infoorrrinLons,

and conden~nations may Le in the forms or to the eii'ect of the schedules I

and XI: hereto anuered.

,. 7

Averment and S. -4nd be it Enacted, That in all proceedings under any Lnv oi tLia

proof of ccrtsin

Province rclating to the Customs or 'l'rade, i t shall not be n c c e s s q to avcz

mrrttcrr' dirpcnrod

WiLh. or prom that thc Govcruor, or Co~rinsissioners or any O;?iccr of Ciisto;:;~ h 3

clcctcd or dircc:cd such procc~clings, unless the contrary bc nvarred; G: A ~ that

thc averment of any Ofiicer that he Lelicvcs certain goods to h uncu~:ox::cd

or unla\~fully ilnportcrl shall t c suficicnt, unlcss the owner or c!aiuler of s; c; ~

goods shall prow that the Customs duties have been paid for the same, a d

that thcy have Lcen ltswfdly imported.

atcovcrr and np. X, An3 be it Enacted, That all ?ennlties, forfciturcs and sums ofmonhy,

' trcr. ahail bc applied and z?propriated ia manner provided by the said rccitccl ?lication of pcn4L incarrcd undcr this Orclinanccr, may be procecdod for and rccovcrcd, a d

Ordinance, as hereby amended.

Governor of' south Australia.

W. L. Q'HALLORAS,

Clerk .of Council,

In cases where h e JIn@trares exercise discretion in the appropria~ion gf

f o ~ f c i ~ u r e s, ihe foZZou~in,rr zoords may Be inszrted next uAer the adjudication

g the forfeiture in ths fornr of convic~ion set forth in Schedule C annexed

. .

to thi' reciled Otdinalrce titat is to say And we do adjudge that the said d'sum shail be dividecl, paid and applied (after cleducting tbo charges 'of CC prosecution and other contingent expecces) as foliows that is to say one

" moicty to Ker lilajesty for the p t i l i c uses of the Province and the other

moiety, in the following proportions, to wit," [here state the proportions CO

the seizing officer and inforn~er or the entire moiety to the informer alone

as the case may be]. J

SOUTR AUSTRALIA

to Wit.	1
1

BE it remembered that on the day of

in year of our Lord Ono Thousand Eight Hundred and Forty a t

in the Province (and clistrlct as the case may be) afores~id

A. B. Officer of Customs who is directed by Her klajesty's Advocate-Gen- era1 (or Collector of Customs as the case may be) of the Proviace of fhlith

Australia sforesaid to prefer t h i s Inlbrn~atioa gives U S

and Jisquircs two of I-fer Ahjesty's Justices of :he

3eace for the Province of South Australia aforesaid (or as the ccse may be) t o undcrstnnd and Le infornled t l p t [here state the oirence] contrary to the form of the Ordinance (or Ordinances if both relate to the oflknce) of the

Governor with the advico and consent of the Legishtive Council oi the said

Province in that case made and provided whereby the said [goods as d a -

cribibsd]have (01 bath as the case lnay be) becomo foifeited.

Comicmnaiion Aercon.

is laid in the Iolormation] contrary to the form o f the ~rhini inee (or Acts or Ordinances if both Acts apply to the offence) of the Governor with the advice and consent of the Legislative Council of the I'ro~ince in iuch case made and provided which offence hath been duly proved before u s the said Justices: \ l iedo therefore adjudge that the said C. D, Lath forfeited for the said oBnce the said [goods as described] and condemn the said [goods as des- cr i14] to be forfeited aicordingly; and we do adjudge that after dcdwtmg the charges of prosecution 236 other contingent engencer, the p x 1 c d s of sale of the said forfeited [goods as described] shall be divided. paid and sppliccl as follorrs viz. one moiety to Pier ~Iajesty Tor the public uses of tile said ?rovince and the otbar moiety [here state the pro-- portions to the seizing ofiicer and informer, or the entire moiety to the infor-

n x r alone as the case may be]. Given under cur hands and seals the

day of	in the year of our Lord One Thousaud Bight H U M and
Forty

I W, L. O'EIALLO RAN.